Huntington Beach, California Attorney, Mark W. Bidwell

714-846-2888 to schedule an appointment

Mark W. Bidwell
4952 Warner Avenue, Suite 235
Huntington Beach, CA 92649
ph: 714-846-2888
attorney@bidwelllaw.com

Probate Litigation

Contests to distribution of assets

Amendments and unequal distributions of assets to children are the primary causes of litigation in the probate courts for trusts and wills. Allegations of undue influence and incapacity are often made against the primary care custodian who is often the successor trustee or executor. “Care custodian” means a person who provides health or social services to a dependent adult.

“Health and social services” means services provided to a dependent adult because of the person’s dependent condition, including, but not limited to, the administration of medicine, medical testing, wound care, assistance with hygiene, companionship, housekeeping, shopping, cooking, and assistance with finances.

A provision of an instrument making a donative transfer to a care custodian is presumed to be the product of fraud or undue influence:. “Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.

The presumption affects the burden of proof. The presumption may be rebutted by proving, by clear and convincing evidence, that the donative transfer was not the product of fraud or undue influence.

Contests to the adminstration of assets

Too much time and misappropriation of assets are the primary allegations made against the executor in the administration of the estate. Often the primary asset of the estate is the house of the decedent where the executor now lives. The executor stalls and delays to remain in the house.

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Mark W. Bidwell
4952 Warner Avenue, Suite 235
Huntington Beach, CA 92649
ph: 714-846-2888
attorney@bidwelllaw.com